Reconocimiento de laudos extranjeros en materia concursal
Author | Mario Reggiardo/Jorge Morelli |
Position | Socio/Asociado |
El Tribunal de Defensa de la Competencia y Propiedad Intelectual del Indecopi ha aprobado un nuevo precedente vinculante. Ahora los laudos extranjeros que busquen sustentar créditos en el procedimiento concursal necesariamente deben pasar antes por el reconocimiento judicial contemplado en el Título VIII del Decreto Legislativo No. 1071, decreto legislativo que norma el arbitraje, y en los tratados internacionales de los que Perú es parte, según sea aplicable.
La Resolución No. 336-2019/SCO-Indecopi, publicada el 15 de mayo de 2020, establece como precedente vinculante la correcta interpretación del artículo 39.2 de la Ley General del Sistema Concursal, Ley No. 27809, al indicar que los créditos sustentados en laudos arbitrales emitidos en el extranjero podrán ser reconocidos en el procedimiento concursal, por el solo mérito de su presentación, si cumplen dos requisitos: (i) la cuantía del crédito debe desprenderse del texto del laudo, y (ii) el laudo extranjero debe contar con la respectiva resolución judicial de reconocimiento en el Perú, salvo que las normas aplicables establezcan algo distinto (por ejemplo, laudos emitidos bajo el Convenio sobre Arreglo de Diferencias Relativas a Inversiones – CIADI, los mismos que son reconocidos automáticamente).
mrg@prcp.com.pe
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